EXHIBIT 10.25 LICENSE AGREEMENT This Agreement is made this 22nd day of August 2000, ("Effective Date") by and between Micron Electronics, Inc. having its principal place of business at 900 E. Karcher Road, Nampa, Idaho 83687 (hereinafter referred to...License Agreement • September 6th, 2000 • Simple Technology Inc • Computer storage devices • Idaho
Security Agreement (All Assets)Security Agreement • July 3rd, 2000 • Simple Technology Inc • Computer storage devices • Michigan
EXHIBIT 10.7 INDEMNIFICATION AGREEMENT THIS INDEMNIFICATION AGREEMENT (the "AGREEMENT") is made and entered into this ___ day of _________, ____, between Simple Technology, Inc., a California corporation (the "COMPANY"), and [_________]...Indemnification Agreement • July 3rd, 2000 • Simple Technology Inc • Computer storage devices • California
FIFTH AMENDMENT TO CREDIT AGREEMENTCredit Agreement • July 3rd, 2000 • Simple Technology Inc • Computer storage devices • Michigan
BETWEENCredit Agreement • March 15th, 2000 • Simple Technology Inc • Michigan
COMMON STOCKSimple Technology Inc • September 6th, 2000 • Computer storage devices • New York
EXHIBIT 10.8 [FORM OF EMPLOYMENT AGREEMENT] SIMPLE TECHNOLOGY, INC. EMPLOYMENT AGREEMENT THIS AGREEMENT is dated March 10, 2000, between Simple Technology, Inc. ("Employer"), a California Corporation, and _______________________("Employee"). In...Employment Agreement • March 15th, 2000 • Simple Technology Inc • California
SALES AGREEMENT (REMOTE/CONSIGNMENT PROGRAM) THIS AGREEMENT, made and entered into this 30th day of April, 1998, by and between HITACHI SEMICONDUCTOR (AMERICA) INC., a Delaware corporation, having an office at 2000 Sierra Point Parkway, Brisbane,...Sales Agreement • July 3rd, 2000 • Simple Technology Inc • Computer storage devices • California
THIRD AMENDMENT TO CREDIT AGREEMENTCredit Agreement • July 3rd, 2000 • Simple Technology Inc • Computer storage devices
FIRST AMENDMENT TO CREDIT AGREEMENTCredit Agreement • July 3rd, 2000 • Simple Technology Inc • Computer storage devices
EQUIPMENT LEASEEquipment Lease • March 15th, 2000 • Simple Technology Inc • California
UNDERWRITING AGREEMENT STEC, INC. 9,000,000 Shares of Common Stock Underwriting AgreementUnderwriting Agreement • August 7th, 2009 • Stec, Inc. • Computer storage devices • New York
Certain shareholders named in Schedule 2 hereto (the “Selling Shareholders”) of STEC, Inc., a California corporation (the “Company”), propose to sell to the several Underwriters listed in Schedule 1 hereto (the “Underwriters”), for which J.P. Morgan Securities Inc. and Deutsche Bank Securities Inc. are acting as representatives (the “Representatives”), an aggregate of 9,000,000 shares of Common Stock, par value $0.001 per share, of the Company (the “Underwritten Shares”) and, at the option of the Underwriters, up to an additional 1,350,000 shares of Common Stock of the Company (the “Option Shares”). The Underwritten Shares and the Option Shares are herein referred to as the “Shares”. The shares of Common Stock of the Company to be outstanding after giving effect to the sale of the Shares are referred to herein as the “Stock”.
Page ARTICLE 1 DEFINITIONS AND OTHER PROVISIONS OF GENERAL APPLICATION Section 1.1 Definitions. 2 Section 1.2 Incorporation by Reference of Trust Indenture Act. 8 Section 1.3 Compliance Certificates and Opinions. 8 Section 1.4 Form of Documents...Note • August 3rd, 2009 • Stec, Inc. • Computer storage devices • New York
This Cross Reference Sheet shows the location in the Indenture of the provisions inserted pursuant to Sections 3.10 through 3.18, inclusive, of the Trust Indenture Act of 1939:
AMENDED AND RESTATED REAL ESTATE LEASE ARTICLE ONE: BASIC TERMS This Article One contains the Basic Terms of this Lease between the Landlord and Tenant named below. Other Articles, Sections and Paragraphs of the Lease referred to in this Article One...Simple Technology Inc • July 3rd, 2000 • Computer storage devices • California
AGREEMENT AND PLAN OF MERGER by and among WESTERN DIGITAL CORPORATION, LODI VENTURES, INC. and STEC, INC. Dated as of June 23, 2013Agreement and Plan of Merger • August 7th, 2013 • Stec, Inc. • Computer storage devices • Delaware
AGREEMENT AND PLAN OF MERGER (this “Agreement”), dated as of June 23, 2013, by and among Western Digital Corporation, a Delaware corporation (“Parent”), Lodi Ventures, Inc., a California corporation and an indirect wholly-owned Subsidiary of Parent (“Merger Sub”) and sTec, Inc., a California corporation (the “Company”).
SEVERANCE AND CHANGE IN CONTROL AGREEMENT (Amended and Restated as of March 11, 2013)Severance and Change in Control Agreement • March 14th, 2013 • Stec, Inc. • Computer storage devices • California
THIS AGREEMENT, effective as of March 11, 2013 (the “Effective Date”), is made by and between STEC, Inc., a California corporation, (the “Company”) and RAYMOND D. COOK (the “Executive”), a resident of the State of California.
Page ARTICLE 1 DEFINITIONS AND OTHER PROVISIONS OF GENERAL APPLICATION Section 1.1 Definitions. 6 Section 1.2 Incorporation by Reference of Trust Indenture Act. 12 Section 1.3 Compliance Certificates and Opinions. 12 Section 1.4 Form of Documents...Indenture • August 3rd, 2009 • Stec, Inc. • Computer storage devices • New York
INDENTURE, dated as of , between STEC, INC., a California corporation (the “ Company”), having its principal office at , and , as trustee, (the “ Trustee”), the office of the Trustee at which at the date hereof its corporate trust business is principally administered being .
RECITALS:Credit Agreement • July 3rd, 2000 • Simple Technology Inc • Computer storage devices
FORM OF UNDERWRITING AGREEMENT 14,000,000 Shares SIMPLETECH, INC. Common Stock UNDERWRITING AGREEMENTUnderwriting Agreement • October 15th, 2003 • Simpletech Inc • Computer storage devices • New York
STEC, INC. AUTOMATIC STOCK OPTION AGREEMENT (FOR NON-EMPLOYEE DIRECTORS)Automatic Stock Option Agreement • March 30th, 2007 • Stec, Inc. • Computer storage devices • California
August 7, 2013 sTec, Inc.Stec, Inc. • August 7th, 2013 • Computer storage devices
SIMPLETECH, INC. STOCK OPTION AGREEMENTStock Option Agreement • May 11th, 2005 • Simpletech Inc • Computer storage devices • California
Amendment No. 1 Amended and Restated Real Estate LeaseReal Estate Lease • October 15th, 2003 • Simpletech Inc • Computer storage devices
This Amendment No. 1, dated April 29, 2002 (“Amendment No. 1”) is entered into by and between MDC Land, LLC, Landlord, and Simple Technology, Inc. (now SimpleTech, Inc.), Tenant, with reference to the following facts:
VOTING AGREEMENTVoting Agreement • June 25th, 2013 • Stec, Inc. • Computer storage devices • Delaware
THIS VOTING AGREEMENT (this “Agreement”) is made and entered into as of June 23, 2013, by and between Western Digital Corporation, a Delaware corporation (“Parent”), and the undersigned shareholder (“Holder”) of sTec, Inc., a California corporation (the “Company”).
CREDIT AGREEMENT among STEC, INC. as Borrower, ITS DOMESTIC SUBSIDIARIES FROM TIME TO TIME PARTIES HERETO, as Guarantors, THE LENDERS PARTIES HERETO, and WACHOVIA BANK, NATIONAL ASSOCIATION, as Administrative Agent Dated as of July 30, 2008Credit Agreement • August 1st, 2008 • Stec, Inc. • Computer storage devices • New York
CREDIT AGREEMENT, dated as of July 30, 2008 (this “Credit Agreement”), among STEC, Inc., a California corporation (the “Borrower”), each of those Domestic Subsidiaries of the Borrower identified as a “Guarantor” on the signature pages hereto and such other Domestic Subsidiaries of the Borrower as may from time to time become a party hereto (collectively the “Guarantors” and individually a “Guarantor”), the several banks and other financial institutions from time to time parties to this Credit Agreement (collectively the “Lenders” and individually a “Lender”) and WACHOVIA BANK, NATIONAL ASSOCIATION, a national banking association, as administrative agent for the Lenders hereunder (in such capacity, the “Administrative Agent” or the “Agent”).
STEC, INC. RESTRICTED STOCK UNIT AWARD AGREEMENTRestricted Stock Unit Award Agreement • March 30th, 2007 • Stec, Inc. • Computer storage devices • California
STEC, Inc. (the “Corporation”) is pleased to inform you that you have been awarded Restricted Stock Units (the “Units”) under the Corporation’s 2000 Stock Incentive Plan, as amended and restated (the “Plan”). To the extent they become vested, the Units will entitle you to receive shares of the Corporation’s common stock (the “Common Stock”) in a series of installments over your period of continued Service with the Corporation.
DISTRIBUTION AND TAX INDEMNITY AGREEMENT THIS DISTRIBUTION AND TAX INDEMNITY AGREEMENT is made this ___ day of _________, 2000, by and among ___________________, a ________ corporation (the "Company"), and each of the Company's shareholders...Distribution and Tax Indemnity Agreement • July 28th, 2000 • Simple Technology Inc • Computer storage devices • California
STEC, INC. STOCK OPTION AGREEMENTStock Option Agreement • March 30th, 2007 • Stec, Inc. • Computer storage devices • California
EXHIBIT 10.2 AMENDED AND RESTATED REAL ESTATE LEASE ARTICLE ONE: BASIC TERMS This Article One contains the Basic Terms of this Lease between the Landlord and Tenant named below. Other Articles, Sections and Paragraphs of the Lease referred to in this...Simple Technology Inc • July 3rd, 2000 • Computer storage devices • California
FIRST AMENDMENT TO SEVERANCE AND CHANGE IN CONTROL AGREEMENT (as Amended and Restated as of March 14, 2011)Severance and Change in Control Agreement • March 14th, 2013 • Stec, Inc. • Computer storage devices
THIS FIRST AMENDMENT TO SEVERANCE AND CHANGE IN CONTROL AGREEMENT (this “First Amendment”), is made as of November 29, 2012, by and between STEC, Inc. (the “Company”), and Manouch Moshayedi (the “Executive”). Capitalized terms used and not otherwise defined herein shall have the meanings ascribed to such terms in the Severance and Change in Control Agreement (as defined below).
SETTLEMENT AGREEMENTSettlement Agreement • February 19th, 2009 • Stec, Inc. • Computer storage devices • California
This Settlement Agreement (the “Agreement”), effective as of the date when executed by all Parties hereto (the “Effective Date”), is made and entered into between Seagate Technology LLC, Seagate Technology International, Seagate Singapore International Headquarters Pte. Ltd., and Maxtor Corporation (collectively “Seagate”); William D. Watkins (“Mr. Watkins”); and STEC, Inc. (“STEC”) (each a “Party” and, collectively, the “Parties”).
NON-COMPETITION AND NON-SOLICITATION AGREEMENTNon-Competition and Non-Solicitation Agreement • June 25th, 2013 • Stec, Inc. • Computer storage devices • California
This NON-COMPETITION AND NON-SOLICITATION AGREEMENT (this “Agreement”), dated as of June 23 2013, is entered into by and between Western Digital Corporation, a Delaware corporation (“WDC”) and the undersigned shareholder (“Shareholder”) of sTec, Inc., a California corporation (the “Company”).
CONSULTING SERVICES AGREEMENTConsulting Services Agreement • June 25th, 2013 • Stec, Inc. • Computer storage devices • California
This Consulting Services Agreement (“Agreement”) is entered into and made effective as of Western Digital Corporation, by and between Western Digital Corporation, a Delaware corporation, with a business address of 3355 Michelson Drive, Irvine, CA 92612 (the “Company”), and Manouch Moshayedi, residing at (the “Consultant”).
RELEASE AND COVENANT NOT TO SUEStec, Inc. • June 25th, 2013 • Computer storage devices • California
This RELEASE AND COVENANT NOT TO SUE (the “Agreement”) is entered into effective as of June 23, 2013 (the “Effective Date”), by and between Western Digital Corporation, a Delaware corporation (“WDC”), and the undersigned shareholder (the “Holder”) of sTec, Inc., a California corporation (the “Company”). WDC and the Holder shall be collectively referred to herein as the “Parties” and individually as a “Party.”
STEC, INC. STOCK OPTION GRANT NOTICE AND STOCK OPTION AGREEMENTNon-Employee Director • May 28th, 2010 • Stec, Inc. • Computer storage devices • California
STEC, Inc., a California corporation, (the “Company”), pursuant to its 2010 Incentive Award Plan, as amended from time to time (the “Plan”), hereby grants to the individual listed below (“Participant”), an option to purchase the number of shares of Common Stock set forth below (the “Option”). This Option is subject to all of the terms and conditions set forth herein and in the Stock Option Agreement attached hereto as Exhibit A (the “Stock Option Agreement”) and the Plan, each of which are incorporated herein by reference. Unless otherwise defined herein, the terms defined in the Plan shall have the same defined meanings in this Grant Notice and the Stock Option Agreement.
